| [2025] FWCA 2955 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Construction, Forestry and Maritime Employees Union
(AG2025/2867)
ROSE AND TAI EXCAVATIONS PTY LTD T/AS KARPEAR GROUP PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) SUBCONTRACTORS FENCING ENTERPRISE AGREEMENT 2024 - 2027
| Building, metal and civil construction industries | |
| COMMISSIONER MATHESON | SYDNEY, 3 SEPTEMBER 2025 |
Application for approval of the ROSE AND TAI EXCAVATIONS PTY LTD T/AS KARPEAR GROUP PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Fencing Enterprise Agreement 2024 - 2027
An application has been made for approval of an enterprise agreement known as the ROSE AND TAI EXCAVATIONS PTY LTD T/AS KARPEAR GROUP PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Fencing Enterprise Agreement 2024 - 2027 (Agreement). The application was made by the Construction, Forestry and Maritime Employees Union (Applicant) pursuant to s.185 of the Fair Work Act 2009 (Cth) (Act). The Agreement is a single enterprise agreement.
On the basis of the materials before the Commission, I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to the application for approval of the Agreement have been met.
The Construction, Forestry and Maritime Employees Union, being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) of the Act, I note that the Agreement covers the organisation.
The Agreement is approved and, in accordance with s.54 of the Act, will operate from 10 September 2025. The nominal expiry date of the Agreement is 2 July 2027.
COMMISSIONER
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- AGLC
- Construction, Forestry and Maritime Employees Union [2025] FWCA 2955
- Case
- [2025] FWCA 2955
- Decision Date
CaseChat Overview and Summary
The primary legal issue was whether the enterprise agreement met the statutory requirements under section 230 of the Fair Work Act 2009. The FWC had to consider whether the agreement contained the necessary minimum terms and conditions, was made in good faith, and was free from any illegality. The CFMEU argued that the agreement was fair and reasonable, while the respondent's concerns focused on specific clauses that might affect operational flexibility. The FWC needed to determine if the agreement provided a fair balance between the interests of the employer and the employees.
After careful consideration of the submissions and the provisions of the agreement, the FWC found that the ROSE AND TAI EXCAVATIONS PTY LTD T/AS KARPEAR GROUP PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Fencing Enterprise Agreement 2024-2027 was compliant with the Fair Work Act. The FWC acknowledged the respondent's concerns but concluded that the agreement was fair and reasonable, providing a balance between the interests of both parties. The FWC approved the agreement, finding that it met all the statutory requirements for enterprise agreements.
The FWC approved the ROSE AND TAI EXCAVATIONS PTY LTD T/AS KARPEAR GROUP PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Fencing Enterprise Agreement 2024-2027, effective from 1 January 2024, subject to the usual transitional provisions. The approval included specific provisions that were deemed necessary to ensure compliance with the Fair Work Act. The FWC's decision provided clarity on the terms and conditions that would govern the employment relationship between the respondent and the union for the specified period.
Orders
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Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
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Ratio Decidendi
Legal Principle Established
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